North Dakota House advances voting-access, liability and school measures; rejects deep-fake criminal prohibition

BISMARCK — The North Dakota House of Representatives on Jan. 22 moved a slate of bills affecting voting access for newly eligible students, statutory liability caps, school milk service and workforce outreach for the Game and Fish Department, and clarified excavation-notice rules — and rejected a proposal to criminalize certain deep-fake images and videos.

The chamber approved House Bill 1178 to allow school districts to establish policies letting 18- and 19-year-old students leave campus to vote in person during the school day. "The bill is about civic engagement," Representative Hager said, arguing the change would help students who otherwise might be marked absent or be unable to reach polling places because of extracurricular commitments. The measure passed on final vote, 86 ayes, 1 nay.

The session also approved House Bill 1142, which amends sections of the North Dakota Century Code to raise statutory liability caps for the state and political subdivisions. Representative Davis said the bill would raise per-person and per-occurrence limits by 2026 to reflect increased costs and provide "fair recourse" for those harmed while maintaining protections for taxpayers. Final passage was 86 ayes, 1 nay.

Lawmakers unanimously approved House Bill 1174, authorizing the North Dakota Game and Fish Department to create education and community-outreach programs, including job-shadowing and ride-along opportunities aimed at encouraging interest among high school and college students in fisheries and wildlife careers. "Over the last eight years, applications for these jobs has decreased by over 70%," a committee presenter said, and the bill passed 87-0.

House Bill 1153, aimed at clarifying exemptions to the state's "One Call" excavation-notice law (Chapter 49-23 of the North Dakota Century Code), passed 87-0. Representative Foss told the chamber the change narrows vague language about when routine road maintenance requires a locate request, to reduce the risk of damaging underground utilities.

House Bill 1132, which would permit schools to provide whole, 2% and flavored milk from bulk dispensers in cafeteria serving lines, passed 87-0. A committee presenter said bulk dispensers can reduce waste from cartons and provide milk at a colder temperature that students may prefer.

The chamber approved House Bill 1173 to designate a bridge on State Highway 31 north of New Salem as the Sergeant Dennis J. Fertig Jr. Iraq Bridge and to provide a continuing appropriation. Representative Dressler, who carried the bill, recounted Fertig's service and sacrifice; the bill passed 87-0.

House Bill 1117, a technical change to align the Teachers Fund for Retirement with federal required minimum distribution rules (raising the required age from 70½ to 72), passed 87-0. The bill had a fiscal note indicating no fiscal impact, and committee sponsors described it as a cleanup measure to conform state law to federal law.

By contrast, House Bill 1320, which would have created a new criminal prohibition against intentionally producing, possessing, processing or distributing certain deep-fake videos or images without the consent of the person depicted, failed after floor debate. The House Judiciary Committee recommended a do-not-pass, saying the bill's language was too broad. Representative Christie, the bill carrier, said the intent was to "align this with slander and libel laws" and to exclude parody and carriers from liability. Representative Clamine argued the measure "is too broad and may violate the constitutional right of free speech," noting it could criminalize possession of parody content and risk constitutional challenge. The final tally was 17 ayes and 69 nays, and the bill was declared failed.

Other floor action: Representative Bosch successfully moved to return House Bill 1229 from the Judiciary Committee to the floor for re-referral to the Transportation Committee. The chamber also voted to excuse absent members and adjourned until 1 p.m. Wednesday, Jan. 22, 2025. Representative LaForte announced that 620 bills had been filed by the deadline, up from 544 the prior session.

Votes at a glance

- HB 1178 (leave campus to vote for eligible 18- and 19-year-olds): Passed, 86-1. - HB 1142 (adjust statutory liability caps for state and political subdivisions): Passed, 86-1. - HB 1174 (Game and Fish education and outreach program): Passed, 87-0. - HB 1153 (clarify One Call excavation notice exemptions): Passed, 87-0. - HB 1132 (allow bulk milk dispensers in school cafeterias): Passed, 87-0. - HB 1173 (name State Highway 31 bridge for Sgt. Dennis J. Fertig Jr.; continuing appropriation): Passed, 87-0. - HB 1320 (prohibit certain deep-fake images/videos without consent; penalty): Failed, 17-69. - HB 1117 (align Teachers Fund for Retirement RMD age with federal law): Passed, 87-0. - Motion to return HB 1229 to floor and re-refer to Transportation Committee: Carried (voice vote).

The House proceeded largely on committee recommendations; several bills were described on the floor as having unanimous committee support or no opposition during committee testimony. Debate on HB 1320 centered on constitutional free-speech concerns and whether existing libel or slander laws already provide remedies. The chamber's actions set multiple measures for immediate implementation or further administrative action, and several bills will require department rulemaking or local school-district policy changes to implement.

—Reported from the House chamber, State Capitol, Bismarck.